Confidential
Settlement – $1,250,000Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Scott J. Corwin
(Scott J. Corwin APLC)
Defendant
Mark R. Weiner
(Mark R. Weiner & Associates)
Facts
On Feb. 15, 2002, the plaintiff, a 61-year-old theatrical agent, was traveling northbound on Benedict Canyon in the No. 1 lane. The defendant was driving at the same time, southbound, on Benedict Canyon, and crossed over onto the plaintiff's lane and hit the plaintiff's vehicle head-on. Both the plaintiff and the defendant were transported by paramedics to UCLA Medical Center, Trauma Center. There were no eyewitnesses to the accident and the plaintiff could not remember how the accident occurred, possibly as a result of striking his head on the driver's side door, having no recall of events for a period beginning shortly before the accident until he "awoke" in the wreckage.
Settlement Discussions
The plaintiff demanded the defendant's $1,250,000 policy limits by way of a C.C.P. Section 998 offer to compromise. Initially, the defendant made no offer. The defendant requested several extensions and on the day before the offer was set to expire, tendered its policy limits.
Specials in Evidence
$122,585 $207,500
Injuries
The plaintiff sustained right tibia and fibula fractures requiring open reductions and external fixation followed by an open reduction and internal fixation with removal of the external fixator; left proximal humerus fracture; multiple fractures of the left shoulder resulting in permanent limitations to the range of motion for which the plaintiff may require left total shoulder replacement surgery. The plaintiff was also advised that he may require revision open reduction and internal fixation to his right ankle fractures as a result of a non union of the right fibular fracture and possible ankle fusion surgery in the future.
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